When two parents decide to file for divorce, there are a lot of factors to consider in order for the divorce to be smoothly finalized. Parenting time and visitation rights are only two of several factors to which both parents must agree.
When a family court issues an order, it expects that the parties will follow it. If your spouse—or ex-spouse—refuses to comply with an existing court order, a family law attorney can help you understand your available options. In some cases, your best choice is to file a Rule to Show Cause or a Contempt Action.
Few issues in an Illinois divorce are as contentious as determining which parent will have primary custody of the couple’s children following their divorce or legal separation. Even when this issue has been initially decided, custody can be an issue that is litigated over and over throughout the child’s youth. There are a variety of reasons why noncustodial parents seek to change custody orders:
When you are going through a divorce, the prospect of having to set up a child custody arrangement can seem daunting. You might worry about an outside evaluator meeting with you to ask you questions about your home, your lifestyle, and your relationship with your child, then deciding where your child should live. This is a very simplified view of the child custody evaluation process and in most cases, you will have plenty of opportunity to provide a detailed account of your parenting style and work with your former spouse and the evaluator to develop a custody arrangement that meets your child’s needs.
In a divorce situation, making arrangements for the custody and care of your children will be among the most difficult decisions to be made. Regardless of your feelings toward your ex-spouse, your children still deserve the best efforts of both parents in providing for them. For this reason, many divorced parents are recognizing the importance of a parenting plan that they have jointly negotiated rather than relying solely on a judge’s interpretation of the law.
Any Illinois divorce is going to bring with it a well of emotions, most of which are unpleasant and can easily become physically and emotionally taxing. Unfortunately, these feelings can cause clouded judgment, which can become very problematic when dealing with a legal contract. Although use of an experienced Illinois divorce attorney can help to avert this problem, very often divorce decrees can need modification to assist one spouse or the other.
If you have children and are going through a divorce, separation, or are not married to your children’s mother/father, you know that custody and visitation issues can be difficult. Understanding your rights and the reasons behind the laws is an important step to making an ultimate decision.